Di Pietro

Aug 28, 03:06 PM

The framing of the bands of domain as public good is stipulated in the vision of Castrates (2002) when the author affirms that all the lands destined to the means of transportation public, federal, state or municipal, is necessarily, public goods, for force of the affectation to the use joint. It fits here to stand out that such the national road system, therefore, only consists of public roads, therefore the Brazilian legal ordinance includes the roads between the public goods of use joint of the people. Therefore, they do not remain doubts of that the domain bands, as integrant part of the highways, is considered public goods. 2,2 Dispossession According to Viana (1987), the Dispossession is a pertinent activity to the Public Administration and consists of the withdrawal of the property of somebody on a good, since that motivated for a necessity or public utility, or still, to exist a social interest that justifies such behavior. This procedure is based on the beginning of the Supremacy of the collective Interest on the individual one. To this right to dispossess of the Public Power, in accordance with Viana (1987), corresponds the duty to repair the damage decurrent of the state act, of form that the public interests and of the particular one if harmonize and that both the legal spheres are respected.

The dispossession must be folloied by an indemnity the proprietor who lost the domain on well. Where it weighs to be a college of the Administration, the dispossession has an obligatory character for the particular one, that it will have its damage eased for the received indemnity. In accordance with Di Pietro (2002), the Federal Constitution foresees requirements that authorize the dispossession procedure.
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